Harris v. Whitten et al (INMATE 1)

Filing 32

ORDER directing as follows: (a) the 31 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; (b) defendants' 24 motion for summary judgment is GRANTED; and (c) this case is DISMISSED with prejudice, in accordance with the provisions of 42 USC 1997e(a), due to plf's failure to properly exhaust administrative remedies previously available to him at the Elmore County Jail. Signed by Honorable Truman M. Hobbs on 3/15/11. (djy, )

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-WC Harris v. Whitten et al (INMATE 1) Doc. 32 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DERRICK JAROD HARRIS, #192462, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) CASE NO. 2:10-cv-195-TMH SGT. WHITTEN, et al., Defendants. ORDER The Magistrate Judge entered a Recommendation (Doc. #31) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED as follows: a. b. c. the Recommendation (Doc. #31) of the Magistrate Judge is ADOPTED; Defendants' Motion for Summary Judgment is GRANTED; and this case is DISMISSED with prejudice, in accordance with the provisions of 42 U.S.C. 1997e(a), due to Plaintiff's failure to properly exhaust administrative remedies previously available to him at the Elmore County Jail. A separate judgment shall issue. Dockets.Justia.com Done this 15 th day of March, 2011. /s/ Truman M. Hobbs UNITED STATES DISTRICT JUDGE 2

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